New South Wales Consolidated Acts

ADMINISTRATIVE DECISIONS TRIBUNAL ACT 1997

- As at 19 June 2009
- Act 76 of 1997

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Definitions
   5.      What is an enactment?
   6.      What is a decision?
   7.      What is an original decision?
   8.      What is a reviewable decision?
   9.      Who is an administrator?
   10.     Notes

CHAPTER 2 - ESTABLISHMENT OF TRIBUNAL

   PART 1 - ESTABLISHMENT

   11.     Establishment of Tribunal

   PART 2 - MEMBERSHIP

   12.     Membership of Tribunal
   13.     Appointment of members of Tribunal
   14.     Judicial officers acting as members of Tribunal
   14A.    Certain members of state tribunals acting as members of Tribunal
   15.     Appointment of acting members for a period
   16.     Divisional Heads
   17.     Qualifications for membership
   18.     Other provisions relating to members of Tribunal

   PART 3 - ORGANISATION

   19.     Tribunal to exercise functions in Divisions
   20.     Composition of Division and allocation of functions to Division
   21.     Assignment of members to Divisions
   22.     Constitution of the Tribunal for particular proceedings (including Appeal Panel for external appeals)
   23.     Amendment of Schedule 2 (Composition and functions of Divisions)
   24.     Appeal Panel of the Tribunal (internal appeals)
   24A.    Constitution of Tribunal for exercise of interlocutory functions
   25.     Functions of President
   26.     Annual report

   PART 4 - REGISTRAR AND STAFF

   27.     Appointment of Registrar and staff
   28.     Functions of Registrars and Deputy Registrars

   PART 5 - ASSESSORS
   Division 1 - Appointment

   29.     Appointment of assessors
   30.     Acting assessors
   31.     Lists of persons eligible to be appointed to act as assessors
   32.     Functions of assessors generally
           Division 2 - Primary functions
   33.     Inquiries by assessors
   34.     Delegation to assessors
   35.     Assessors sitting with the Tribunal

CHAPTER 3 - JURISDICTION OF TRIBUNAL

   36.     What are the principal kinds of decisions that the Tribunal may make?
   37.     Conferral of jurisdiction to make original decisions
   38.     Conferral of jurisdiction to review reviewable decisions
   39.     Inter-relationship between Tribunal and Ombudsman
   40.     When enactment taken to make contrary provision to this Act

CHAPTER 4 - PROCESS FOR ORIGINAL DECISION-MAKING

   PART 1 - OVERVIEW OF THE ORIGINAL DECISION-MAKING PROCESS

   41.     Summary of the original decision-making process

   PART 2 - APPLICATIONS FOR ORIGINAL DECISIONS

   42.     When can an application for an original decision be made?
   43.     Fees for applications
   44.     Late applications to Tribunal
   45.     Tribunal has the functions conferred or imposed by or under enactment
   46.     Effect of an original decision

CHAPTER 5 - PROCESS FOR REVIEW OF REVIEWABLE DECISIONS

   PART 1 - OVERVIEW OF THE REVIEW PROCESS

   47.     Summary of the review process for reviewable decision

   PART 2 - ROLE OF ADMINISTRATORS
   Division 1 - Information concerning decision and review rights

   48.     Notice of decision and review rights to be given by administrators
           Division 2 - Duty to give reasons on request
   49.     Duty of administrator to give reasons on request
   50.     Administrator may refuse reasons in certain cases
   51.     Tribunal may determine whether person entitled to reasons or made request within reasonable time
   52.     Tribunal may order administrator to provide a statement of reasons or an adequate statement of reasons
           Division 3 - Internal reviews
   53.     Internal reviews
           Division 4 - Guidelines
   54.     Guidelines for notices, reasons and internal reviews

   PART 3 - ROLE OF THE TRIBUNAL
   Division 1 - Applications for review

   55.     When can an application for a review be made?
   56.     Fees for applications
   57.     Late applications to Tribunal
   58.     Duty of administrator to lodge material documents with Tribunal where decision reviewed
   59.     Objections to lodgment
           Division 2 - Effect of pending applications on reviewable decisions
   60.     Operation and implementation of decisions pending applications for review
   61.     Restrictions on ordering stay of proceedings
   62.     Conditions of stay order
           Division 3 - Powers on review
   63.     Determination of review by Tribunal
   64.     Application of Government policy
   65.     Power to remit matters to administrator for further consideration
   66.     Effect of a review decision

CHAPTER 6 - PROCEDURE OF TRIBUNAL GENERALLY

   PART 1 - PARTIES TO PROCEEDINGS

   67.     Parties to proceedings before Tribunal
   68.     Tribunal may decide persons whose interests affected by a decision
   69.     Intervention by Attorney General
   70.     Opportunity of parties to make submissions
   71.     Representation of parties
   72.     Notice of application to be served on other parties

   PART 2 - OTHER PROCEDURAL MATTERS

   72A.    Interpretation
   73.     Procedure of the Tribunal generally
   73A.    Application of section 128 of Evidence Act 1995 to proceedings before Tribunal
   74.     Preliminary conferences
   75.     Proceedings on hearing to be conducted in public
   76.     Circumstances in which hearing may be dispensed with
   77.     Presiding member
   78.     Tribunal divided in opinion
   79.     Reconstitution of Tribunal during hearing
   79A.    References of questions of law to Supreme Court
   80.     Tribunal may reserve decision
   81.     Amendments and irregularities
   82.     Recovery of amounts ordered to be paid (other than penalties)
   82A.    Recovery of civil or other penalties
   83.     Powers in relation to witnesses
   84.     Issue of summons
   85.     Power to impose conditions
   86.     Powers when proceedings settled
   86A.    Matters that may be taken into account when exercising settlement powers
   87.     Power to correct decisions of the Tribunal
   88.     Costs
   89.     Tribunal to give decision determining application

   PART 3 - RULES OF THE TRIBUNAL
   Division 1 - The making of rules

   90.     Rules may provide for practice and procedure
   91.     Who is to make the rules of the Tribunal?
   91A.    Practice notes
           Division 2 - The Rule Committee
   92.     Establishment of Rule Committee
   93.     Functions of Rule Committee
   94.     Composition of Rule Committee
   95.     Chairperson of Rule Committee
   96.     Meetings of Rule Committee
           97, 98. (Repealed)

   PART 4 - ALTERNATIVE DISPUTE RESOLUTION

   99.     Purpose of Part
   100.    Definitions
   101.    Meaning of “mediation” and “neutral evaluation”
   102.    Referral by Tribunal
   103.    Mediation and neutral evaluation to be voluntary
   104.    Costs of mediation and neutral evaluation
   105.    Agreements and arrangements arising from mediation sessions
   106.    Mediators and neutral evaluators
   107.    Privilege
   108.    Secrecy
   109.    Exoneration from liability for listed mediators and neutral evaluators
   110.    Application of Part
   111.    Regulations for the purposes of this Part

CHAPTER 7 - APPEALS

   PART 1 - INTERNAL APPEALS

   112.    Appealable decisions of the Tribunal
   113.    Right to appeal against appealable decisions of the Tribunal
   114.    Appeals on questions of law
   115.    Appeals on the merits
   116.    Appeal does not stay decision
   117.    Reasons for a decision
   118.    References of questions of law to Supreme Court

   PART 1A - EXTERNAL APPEALS
   Note

   118A.   Conferral of jurisdiction to hear and determine external appeals
   118B.   Grounds for external appeals and time and procedure for making appeals
   118C.   Appeal Panel to determine external appeals
   118D.   References of questions of law to Supreme Court

   PART 2 - APPEALS TO SUPREME COURT

   119.    Right of appeal to Supreme Court
   120.    Orders on appeal to the Supreme Court
   121.    Appeal does not stay decision

   PART 3 - INTER-RELATIONSHIP BETWEEN SUPREME COURT AND TRIBUNAL

   122.    Effect of Act
   123.    Supreme Court may decline to deal with application for review

CHAPTER 8 - MISCELLANEOUS

   PART 1 - DISCLOSURE OF INFORMATION

   124.    Application of Act to exempt documents under Freedom of Information Act 1989
   125.    Privileged documents
   126.    Publication of names or identification of persons involved in certain proceedings
   127.    Court cannot compel disclosure by members and officers of certain confidential information
   128.    Application of confidentiality provisions in other Acts
   129.    Offence: improper disclosure of information

   PART 2 - OTHER PROVISIONS

   130.    Act to bind Crown
   131.    Contempt of Tribunal
   132.    Act or omission that is both an offence and contempt
   133.    Seal of Tribunal
   134.    Authentication of documents
   135.    Judicial notice to be taken of certain signatures
   136.    Proof of certain matters not required
   137.    Protection of practising legal practitioners, witnesses and others
   138.    Notices, service and lodgment of documents
   139.    Notices and other documents to be written in other languages
   140.    Return of documents after proceedings concluded
   141.    Allowances and expenses of witnesses
   142.    References to applications in enactments
   143.    Proceedings for offences
   144.    Savings and transitional provisions
   145.    Regulations
   146.    Parliamentary inquiry to report on Tribunal
   147.    Review of Act
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5